What Practices Are Banned For Debt Collectors
Regarding harassing or abusive tactics, debt collectors may not:
Use or threaten to use violence or criminal means to harm a person, their reputation or property; or
Use obscene or profane language; or
Advertise someone owes a debt; or
Advertise a debt for sale; or
Telephone or cause a telephone to ring, repeatedly or continuously with the intent to annoy or harass; or
Place telephone calls without meaningful disclosures of their identity.
False or misleading representations. Debt collectors may not misrepresent the truth. A debt collector cannot pretend to be anyone except a debt collector. The collector must tell the person who allegedly owes the debt that the debt collector is trying to collect the debt and may not deceive one by:
Using a false company or creditor name;
Implying the communication is from anyone other than a debt collector;
Misrepresenting the amount of the debt;
Threatening to disseminate false credit information about a person;
Representing falsely that they are government representatives;
Threatening legal action that is illegal or that they do not intend to take;
Representing falsely that one has committed a crime or will be arrested / imprisoned;
Implying falsely that the debt collector is employed by a credit bureau;
Implying falsely that they are attorneys or that an attorney is involved in the collection of the debt;
Indicating falsely the legal status of papers or forms sent to person;
Using any words or symbols in their notices to make the person who allegedly owes the debt think the notices are legal documents when they are not; or
Sending something that resembles an official document from a court or governmental agency.
Other prohibited unfair practices. Debt collection agencies may not:
Collect an amount greater than what one owes;
Deposit a postdated check prior to the date on the check;
Communicate about a debt by postcard;
Use envelopes that reveal information indicating that the sender is a debt-collection agency;
Cause one to incur a communication expense, such as a collect telephone call charge, telegram fee, wire fee, or other similar charge, through the concealment of the true purpose of the communication; or
Garnish wages or take one's home or possessions without a court judgment.
Within five days after the first time a debt collector contacts one by phone or in writing, the debt collector must send in writing a notice stating:
The amount of money owed;
The name of the original creditor with home the debt was incurred;
That unless one disputes the validity of the debt, or any part of the debt, within 30 days of the date one received the notice, the debt will be assumed to be valid;
That if one notifies the debt collector in writing that all or part of the debt is disputed within those 30 days, the debt collector must mail a copy of a verification that one owes the debt; and
That the debt collector will provide the name and address of the original creditor, if different from the current creditor and if requested.
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